Member (Account Deleted)
21 November 2016 at 15:59
Year 2005
Developer entered into an agreement with all the tenants to provide flats of same area on ownership basis on the same plot within 12 months with various amenities.
Year 2006
Developer acquired the adjacent plot and then he merged both the plots. And submitted various plans/alteration/changes to BMC without anyone consent.
Year 2009
He gave possession of flat on the adjacent merged plot and made agreement with all the tenants for surrendering their tenancy rights.
We did not sign on the said new agreement nor did we surrender our tenancy rights as the flat which he gave was not as per the agreement. There is no reference of merger in our agreement. Builder has not taken consent of us before changing the plan.
The flat was not as per the area (sq ft) agreed upon. nor it was on the said plat as mentioned in the agreement.
no amenities were provided as per agreement.
We have taken the possession of the said flat as because the developer had stopped paying rent for alternate accommodation. But we have not made new agreement for the said new possessed flat nor we have surrendered our tenancy rights.
had builder taken our consent and made a fresh agreement as and when he changed the plans he would be liable to provide me additional FSI / additional area as per Development Control Rules.
are we entitled to additional benefits as per DCR
and which section and clause entails us the said benefit
Madansingh Shekhaawat
21 November 2016 at 12:28
We are four brothers and two sisters (only heirs). Both sisters are married, one in 1970 and other in 1983. Our father has expired in 1985 and mother in 1993 (both intestate) leaving an independent building in Thane (his self acquired) in which two tenants and we four brothers are staying. After father's death, our mother's name was added in property card. After mother's demise, our four brother’s names were put on property card. Since then we brothers are looking and maintaining the property without input from sisters. In addition, until now, our four brother’s names are continuing on property card and sisters never demanded their names in property card. However, looking at the current property prices boom, in Jan 2016 our sisters, without informing us, have applied with city survey office to cancel our names/entries from property card and sought inclusion of their names in property card with our names.
Do sisters have their right to ask share in our father’s property?
If yes, and if they are stubborn on their demand, can we demand their equal share of charges that we have spent on protecting and maintaining the property until now and in future if required?
ranveer
21 November 2016 at 09:04
I sell my property to a person he paid token amount and with a legal agreement and mention time to pay remaining of money ,,,,i invested that token amount somewhere and make another agreement..
But the first party says to break agreement and asking for refund of the total amount he gave as token,,,,what should i do now legally,,,, please help. How much should i refund as the second party also refuse to give me back the token amount.
Viraj
20 November 2016 at 17:05
I have recently paid bayana to the seller and i need a loan to buy that property.
So in bayana agreement it was mentioned that if my loan is rejected due to issue in any document i will get bayana money back .
So now there is a problem and one paper is missing , seller is not able to provide that paper and now only 1 week is remaining for last date of agreement .
I am sure that the seller cannot provide me the letter as he is not picking up my phone calls and property dealer is not able to arrange a meeting between us. I have been asking him for more than 10 days but no meeting yet .
Can you please guide me how i can make sure i get my bayana money back . What things i can do like SMS or calls so that if i have to go via legal way.
Also the seller needed some money in cash and rest in registry . In bayana only registry amount is mentioned and i paid bayana via cheque so its also mentioned .
Now due to demonetization i know i will not be able to provide amount in cash as i have all white money only .
Can you please guide me how can i get my money back with ease ?
Mohammed Vaid
20 November 2016 at 13:36
Hi,
My soceity is registered soceity in Mumbai. One of the flat owners are senior citizens and want to let out their partial flat on rent, for getting some amount for their livelihood.
They can carve out an additional door for making second entry in the same flat for the licensee.
But our society treasurer is not cooperating them. They are old and always needs money for their medications.
Can anyone please advice, is it possible for them to carve out an additional door for making second entry in their flat, so that they can let out partial flat.
The septuagenarians are ready to pay let out charges to society.
Please advice can they legally do this? They have a clear agreement with all stamp duty and registration paid and done.
b.goheel
20 November 2016 at 07:41
like to know about pros and cons of GIFT DEED over RELEASE DEED relating to property [ownership flat/land].
is registration with authority necessary ?
if it is then which authority to approach ?
uday sharma
19 November 2016 at 11:53
sir infront of my house a plot which was single story shop is purchased by one of my neighbor. he demolished that old shop and constructed a new three story shop with all
windows and door facing my varanda or open area of my house where we use to sit freely with family. now he has rented that shop to another state laborers
to live there.we are in trouble now. we talked to the owner that it is not house you cant give it on rent for living and requested that please cover balcony of both second and third floor which is facing our varanda or open area to stop direct interference. in reply he said it is my building and i will not change any thing. now it is big trouble for us we cant walk in morning and evening, we cant
sit in sunlight, we cant even sit in open area of house freely , as we always feel someone is watching us. in solution what we can do . if we construct a wall of 60 to 70 feet high, it will sustainble (or last long) what should i do. please help. i have attached file photo for more clarity.
Shiva Shankara R Shetty
19 November 2016 at 11:21
Dear Experts;
I’m planning to purchase 600 Sq. Ft. out-house property in Jayanagar 4th ‘T’ Block, Bangalore south.
The undivided site is 2400 Sq. Ft allotted by City Improvement Trust Board (later renamed as BDA) in the year of 1958 to the M.R. Ramachandra and issued a possession certificate. Based on such possession certificate, he constructed house measuring 600 Sq. Ft. as out-house.
Ramachandra has two son’s, elder son is M R Prakash and younger son is M R Ramesh. Initially, all are living jointly (Father, mother, elder son, his wife and younger son) in the same house. After getting the marriage of younger son, he decided to construct separate house, in the front portion.
After that, Ramesh constructed new house (1350 Sq. Ft) in front portion and moved there. Father was living along with elder son. A female child born to elder son. Later, male child born to Ramesh.
Immediately, father moved to the younger son house and neglected the elder son.
In 2008, father executed a will. As per the will, the out-house (600 Sq. Ft) given to the elder son and the front house (1,350 Sq. Ft) given to younger son. There is common area which measures 450 Sq. Ft. which belongs to both.
In 2011, M R Ramachandra died and in June, 2014 the absolute sale deed executed between Dy. Secretary, BDA (1st Party) and Mr. Prakash and Mr. Ramesh (both are 2nd party). In July, 2014, the release deed executed by Mr. Prakash and releases 1,350 Sq. Ft. to Mr. Praksh. However, the release deed speaks about the provisions of the will and mentioned the Schedule A (covers the entire property) and Schedule B (covers Ramesh’s share). But, it doesn’t speaks about Prakash’s share. The remaining area is common area and as per the will, it belongs to both and should not construct any structure.
In Aug, 2014 Mr.Prakash also died. Now, Khata of the said 600 Sq. Ft transferred to his wife. Now, she want to sell that property.
Now, my lawyer says that, out-house which measures 600 Sq. Ft is belongs to both the sons and having valid titles based on the absolute sale deed which executed in the year of 2014. As per his view, will is final document for legal heirs (not for buyer) and absolute sale deed is base document for buyer of such property. For buyer, the valid title comes from absolute sale deed only. Because, such sale deed is executed after the execution of will. Therefore, sale deed the latest and final document.
As per the sale deed, the entire property belongs to both. Then, 1,350 Sq. Ft release in July, 2014 from elder brother to younger brother. However, younger brother still having 50% share in out-house.
He was demanding for partition deed between the brothers or consented witness from the younger brother. However, Mr. Prakash not ready for either of partition deed or consented witness.
Now, my advocate refer for second opinion. So, my question is whether my advocate view is correct? Any alternative available? Can I proceed to buy the property?
I attached the soft copy of the release deed for the reference.
Thanks in advance.
Shrban
18 November 2016 at 23:10
I am residence of sector 39 Noida. 11th Nov I was parked my car in front of my home, in the mid-night another car hit my car from backside and my car get damaged.
G4S security is in place to provide 24x7 security inside the society, the G4S security in charge knows all about the accused car owner but he is not ready to provide any details about the accused.
I talked with Society president and society security in-charge but no one is ready to provide me the details even they have all details about the accused car owner.
I was register a police complain against the case but till now there is no action taken by police.
Today I came to know about the accused car owner’s details from some other sources.
Is there any way to complain against the accused car owner as well as society security in charge and G4S security in charge ?
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Notice to cancel sale agreement or bayana agreement
I paid bayana money of Rs 3.5 lakh to the seller but on a condition that if because of any problem in papers the bank denied my loan i will get bayana money back .
I paid Rs 50,000 cash in first meeting and 3 lakh via cheque when we signed the sale agreement . at first the agreement was on normal slip with a postal stamp on it .
Later actual agreement was signed on Rs 100 non judicial stamp paper stating only cheque payment no mention of cash . With 30 November as last date of agreement to be valid for both. Dealer told me that cash cannot be mentioned on the agreement.
Now Seller is not able to provide a document related to flat and i have to send him a notice .
So here is the actual question :
- The agreement will expire in a week and even if he provide me the document i cannot apply for loan again as it will take time. So i want to tell him that the deal is cancelled and please return my money back (earnest money) on or before 30 Nov . Or shall i give him more time ? How much ? to return my money.
- Should i mention about amount mentioned only on agreement , that was 3 lakh or mention about cash as well ?
- Can i add something like if money is paid after the last date (30 Nov) then he is has to pay interest of 9% P.A from the date at which he received the money from us.
Or can i mention 9% p.a interest on time taken after 30 november ?